Reallocates unspent federal funds originally intended for electric vehicle charging infrastructure to states for highway and bridge construction, safety improvements, and commercial vehicle parking.
Cynthia Lummis
Senator
WY
The "Highway Funding Flexibility Act of 2025" redirects unobligated and future funds from the National Electric Vehicle Infrastructure (NEVI) Formula Program and charging and fueling infrastructure grant programs to states. States can use these funds for highway construction, bridge repair, wildlife collision reduction, commercial vehicle parking, and related engineering services. The distribution of funds to each state will be proportional to the amount apportioned to the State under existing federal highway funding formulas. These funds are not subject to certain obligation limitations and will be administered under existing federal highway regulations.
This legislation, the Highway Funding Flexibility Act of 2025, redirects money originally intended for building out the nation's electric vehicle (EV) charging network. Specifically, it takes funds from the National Electric Vehicle Infrastructure (NEVI) Formula Program and mandates they be used instead for traditional road and bridge projects.
Under this bill, any NEVI funds that haven't already been committed, plus all future NEVI funding, are rerouted. Instead of funding EV chargers, this money must now be spent on:
The bill explicitly states these funds cannot be used for their original purpose: deploying EV charging infrastructure. It also redirects funds from a separate grant program (under section 151(f) of title 23, U.S. Code) meant for charging and alternative fueling infrastructure, sending that money to states for the same list of highway-related projects.
The redirection applies immediately to any unspent NEVI money available when the act passes. For future years, the NEVI funds allocated must be sent to states by October 1st specifically for these highway-related uses. The same applies to the separate charging/fueling grant funds mentioned in Section 3.
How much each state gets is based on its existing share of federal highway funding (specifically, sections 104(c) or 165 of title 23, U.S. Code). Think of it like this: if a state gets 2% of the national highway funds, it will get 2% of these redirected NEVI funds.
Importantly, this money comes without the usual spending caps tied to federal highway programs and is in addition to a state's regular highway funding. However, it still has to follow standard federal highway administration rules.
So, what does this mean on the ground? The most direct impact is a likely slowdown in the build-out of public EV charging stations funded by the NEVI program. If you've been hoping for more chargers along highways or in your community funded by this federal push, this bill effectively hits the brakes on that specific funding stream.
Instead, you're more likely to see increased activity in road paving, bridge repair, new wildlife underpasses, or expanded truck stops. While improving roads and bridges (Section 2 uses) is necessary, this bill achieves it by repurposing funds designated for a different, future-focused infrastructure goal: supporting the shift to electric vehicles. The practical effect is prioritizing traditional infrastructure maintenance and expansion over the expansion of the EV charging network, using the money Congress had previously set aside for the latter.